Terms of Use

Welcome to SugarFactory.com (the "Website"). This Website is owned and operated by Sugar Factory LLC (Sugar Factory, we, us or our). Please carefully read the following terms and conditions governing your use of the Website (Terms of Use). By accessing the Website, you agree to and are bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

We reserve the right to change the Terms of Use at any time and will post any new or revised terms of use on the Website. Your continued use of this Website constitutes acceptance of the terms of use in effect at the time of such use. Accordingly, we recommend that you periodically visit this page to review the then-current terms of use to which you are bound.

1. Age Restrictions

By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Website. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child who is under the age of 18 but at least 13 years of age, please be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur.

2. Your Account, User Names and Passwords

You may be required to set up an account with Sugar Factory in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.

You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access the Website and you agree not to transfer your password, user name, account or the use of your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with your password or user name. You agree to immediately notify Sugar Factory at the following email address customerservice(at)sugarfactory.com of any unauthorized use of your password or user name or any other breach of security related to your account or the Website and to â€œlog offâ€ from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

3. Ownership of Materials, Website Access and Limited License

All of the Website's content, including, without limitation, any materials, information, matter, files, text, data, graphics, logos, designs, pictures, photographs, images, illustrations, computer generated displays and interfaces, software, audio recordings, video recordings, audiovisual recordings, musical works, documents, articles, advertising copy and other works of whatsoever nature (collectively, the Materials), is owned or licensed by Sugar Factory and protected by applicable U.S. and international copyright, trademark, patent and/or other intellectual property laws. The selection, coordination, arrangement and other compilation of the Materials on the Website is the exclusive property of Sugar Factory and is protected by U.S. and international copyright laws.

Sugar Factory grants you a limited license to access the Website and make personal non-commercial use of the Materials subject to these Terms of Use. You may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, license, create works derived from, transfer, sell or otherwise use the Materials in any way for any public or commercial purpose without the prior written consent of Sugar Factory. Sugar Factory neither warrants or represents that your use of the Materials will not violate any law or infringe upon the rights of any third party. All rights not granted to you herein are expressly reserved and owned by Sugar Factory or Sugar Factory's licensors.

4. Trademarks

The registered and unregistered trademarks, trade names, domain names, service marks, trade dress and logos displayed on the Website, including, without limitation, Sugar Factory, Sugar Factory American Brasserie, Couture Pops, and Couture trademarks and/or services marks (collectively, the Marks) are owned or licensed by Sugar Factory. No right or license to use the Marks is granted to you under these Terms of Use and your access to or use of the Website does not authorize you to use the Marks in any manner. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

5. Blogs, Forums & Other Interactive Services or Areas

The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, online hosting or storage services, or other areas or services in which you or other parties create, post or store any content, messages, comments, materials or other items on the Website (Interactive Areas). You are solely responsible for your use of the Website's Interactive Areas and use them at your own risk. By using any Interactive Areas you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that you do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to transmit, distribute, reproduce and display such User Content;

f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Sugar Factory, any of Sugar Factory's affiliates or any other person or entity) or falsely states or otherwise misrepresents your affiliation with Sugar Factory, any of Sugar Factory's affiliates or any other person or entity;

l. User Content that, in the sole judgment of Sugar Factory, is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Sugar Factory or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any other party. Sugar Factory takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any other party, or for any loss or damage thereto, nor is Sugar Factory liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity you may encounter. You understand that your use of the Website and any Interactive Areas is at your own risk and may expose you to User Content that is offensive or objectionable. As a provider of interactive services, Sugar Factory is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Sugar Factory has no responsibility for the contents of any User Content posted in any Interactive Area, Sugar Factory reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the site in violation of the foregoing violates these Terms of Use for the Website and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Sugar Factory may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Sugar Factory or to protect the safety of our company, employees, customers or the public.

Please be aware that any User Content you post on the Website becomes public information and can be collected and used by others and may result in your receipt of unsolicited messages from third parties. Accordingly, we discourage you from posting on the Website any personal information that can be used to identify or locate you, such as your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

6. Submissions

All comments, questions, reviews, suggestions, feedback, ideas and other submissions that you submit or offer to Sugar Factory in connection with your use of this Website, including, without limitation, any User Content (collectively, Submissions) will be treated as non-confidential and non-proprietary and become and remain the sole and exclusive property of Sugar Factory, unless otherwise prohibited by law. To the extent that all right, title and interest in and to any Submissions cannot legally be assigned to Sugar Factory under these Terms of Use, you hereby grant to Sugar Factory the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, assignable and fully sublicensable right and license to use, publish, reproduce, distribute, display, exhibit, publicly perform, modify, create works derived from, sell and otherwise exploit (Exploit) all or any portion of such Submissions in any manner and on or through any media now know or hereafter devised (Media) without compensation, credit or liability to you. You also grant to Sugar Factory the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, assignable and fully sublicensable license to use, publish, reproduce, distribute, display and publicly perform your name, user name, image, voice, likeness, biographical materials and/or other attributes of your identity (Likeness) in any manner and on or through any Media in connection with the Exploitation of any Submissions, without compensation, notice or liability to you.

You represent and warrant that: (i) you own or control all of the rights necessary to assign or license the Submissions and license the use of your Likeness to us; (ii) your Submissions in the form of User Contact are accurate and not misleading; and (iii) our use of the Submissions and your Likeness in the manner permitted herein shall not violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party. You hereby irrevocably waive any moral rights you many have in and to any Submissions even if such Submissions are altered or changed in a manner not agreeable to you. You acknowledge and agree that we are not obligated to review or use your Submissions. This Section 6, including, without limitation, all rights and licenses assigned or granted hereunder shall survive any termination of these Terms of Use. Notwithstanding the foregoing, nothing contained in these Terms of Use shall obligate us to exercise any right or license assigned or granted to us herein.

7. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act, 17 U.S.C. Â§ 512 (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our Website in a way that may constitute copyright infringement, you may provide notice of your claim to our designated agent listed below (Designated Agent). For your notice to be effective, it must include the following information:

(1) A physical or electronic signature of the owner of the exclusive right that is allegedly infringed or the person authorized to act on behalf of the owner;

(2) A description of the copyrighted work that you claim has been infringed upon;

(3) A description of where the material that you claim is infringing is located on this Website;

(4) Information reasonably sufficient to permit Sugar Factory to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5) A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sugar Factory's Designated Agent for notice of claims of copyright infringement on the Website can be reached as follows:

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our Website. All other inquires to the Designated Agent will not be answered.

8. Privacy and Protection of Personal Information

We respect the privacy of our Website's visitors. Please see our Privacy Policy http://www.sugarfactory.com/privacy relating to our collection and use of your information. If you do not agree to each and every part of our Privacy Policy then you should not use, or submit any personally identifiable information though, our Website. Questions regarding privacy issues should be directed to us via email at: legal@sugarfactory.com.

9. Risk of Loss

All purchases of items sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier. We carefully pack products for safe shipping and check the carriers reliability and punctuality. However, we cannot guarantee that any damage to, or delay in the shipping of, products offered by us will not occur and you agree that we are not responsible or liable for any such damage or delay.

10. Product Descriptions

We attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

11. Objectionable Content

You understand that by using this Website, the Materials or any services provided through the Website, you may encounter content that may be deemed by some to be offensive, indecent or objectionable, which content may or may not be identified as such. You agree to use the Website, the Materials or any services provided through the Website at your sole risk and that Sugar Factory and Sugar Factoryâ€™s parent company, subsidiaries, affiliates, licensees, successors and assigns (the Sugar Factory Affiliated Parties) shall have no liability to you for any content that may be deemed offensive, indecent or objectionable.

12. Disclaimer of Warranties

THIS WEBSITE IS PROVIDED BY SUGAR FACTORY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SUGAR FACTORY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

SUGAR FACTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, SECURITY OR USE OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON THE WEBSITE OR THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, PRODUCTS, MATERIALS, USER CONTENT OR OTHER ITEMS OFFERED OR INCLUDED ON THIS WEBSITE. SUGAR FACTORY DOES NOT WARRANT THAT ANY FUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS OR USER CONTENT WILL BE REPAIRED OR CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUGAR FACTORY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR PORTABLE DEVICES RESULTING FROM USE OF THE WEBSITE OR ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER MALFUNCTION.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE), SHALL SUGAR FACTORY, THE SUGAR FACTORY AFFILIATED PARTIES, THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH, OR ANY OF SUGAR FACTORYâ€™S VENDORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE, THE MATERIALS OR ANY USER CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE; EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MATERIALS OR THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND OTHER JURISDICTIONS, SUGAR FACTORY'S LIABILITY IS LIMITED OR EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Online Conduct

You agree to use the Website, the Materials and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter egg, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Websiteâ€™s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website, the Materials or any User Content or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website.

15. Circumvention

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Use or the Materials offered through the Website or otherwise interrupt or attempt to interrupt the operation of the Website (a Circumvention Act). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act or other fraudulent act with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.

16. Termination

These Terms of Use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from us if we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms of Use.

17. Revisions to the Website

We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the Website or any services offered through the Website without notice to you; (ii) limit the Websiteâ€™s availability to any persons, geographic areas or jurisdictions we choose; (iii) charge fees in connection with the use of the Website and modify and/or waive any such fees and/or (iv) offer opportunities to some or all of the users of the Website. You acknowledge and agree that neither Sugar Factory nor any of the Sugar Factory Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Website, the Materials or any services offered through the Website.

18. Security

We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts to: (i) upload content to the Website; (iii) modify the Websiteâ€™s Materials or any User Content and/or (iii) cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.

19. Indemnification

You agree to indemnify, defend and hold Sugar Factory, the Sugar Factory Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively, the Sugar Factory Indemnified Parties) from and against any and all costs, expenses, fees, including, without limitation attorneys' fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the Sugar Factory Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the Website or the Materials (including, without limitation, your posting of any User Content on the Website); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.

20. Governing Law, Venue and Jurisdiction

These Terms of Use shall be governed by and enforced in accordance with the law of the state of Nevada without giving effect to any choice of law or conflicts of law rules of any jurisdiction. Venue and jurisdiction for any claim with respect to or arising out of these Terms of Use shall lie in the state or federal courts sitting in Clark County, Nevada, to which you hereby unconditionally consent. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to: (i) use of the Website; (ii) these Terms of Use and/or (iii) the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

21. General Provisions

These Terms of Use constitute the entire agreement between you and us concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between you and us with reference to the subject matter of these Terms of Use will be of any force or effect. Section headings are used for convenience only and shall have no interpretive effect or impact whatsoever. If any one or more of the provisions of these Terms of Use should be ruled wholly or partly invalid or unenforceable by a court or tribunal with dispute or interpretive jurisdiction over the Terms of Use, then such provision shall be reformed by such court or tribunal in such a manner to make the provision enforceable and the validity and enforceability of all other provisions of the Terms of Use shall be unaffected. Our waiver of performance of any provision of these Terms of Use shall not be a waiver of, nor prejudice to our right to require, strict performance of the same or any other provision in the future. The rights and remedies of you and us pursuant to these Terms of Use shall be cumulative and not alternative and no delay by either you or us in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy or any other right or remedy or the further exercise thereof.

22. Rules for Sweepstakes, Contests and Similar Promotions

Any sweepstakes, contest, raffle or other similar promotion (Promotion) made available through this Website is void where prohibited and governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to the Promotionâ€™s rules which may vary from these Terms of Use. Accordingly, we recommend that you read the rules for the applicable Promotion which will be posted on this Website and review our Privacy Policy, which governs any personal information you submit in connection with such Promotion.